The Committee on Finance moves to amend the bill on page one,
following the enacting section, by striking out the remainder of
the bill and inserting in lieu thereof, the following language:

“ARTICLE 16. NONINTOXICATING BEER.

§11-16-3. Definitions.

For the purpose of this article, except where the context
clearly requires differently:

(1) "Brewer" or "manufacturer" means any person, firm,
association, partnership or corporation manufacturing, brewing,
mixing, concocting, blending, bottling or otherwise producing or
importing or transshipping from a foreign country nonintoxicating
beer or nonintoxicating craft beer for sale at wholesale to any
licensed distributor.

(2) "Brewpub" means a place of manufacture of nonintoxicating
beer owned by a resident brewer, subject to federal and state
regulations and guidelines, a portion of which premises are
designated for retail sales of nonintoxicating beer or
nonintoxicating craft beer by the resident brewer owning the
brewpub.

(3) “Class A retail license” means a retail license permitting
the retail sale of liquor at a freestanding liquor retail outlet
licensed pursuant to chapter sixty of this code.

(4) "Commissioner" means the West Virginia Alcohol Beverage
Control Commissioner.

(5) "Distributor" means and includes any person jobbing or
distributing nonintoxicating beer or nonintoxicating craft beer to
retailers at wholesale and whose warehouse and chief place of
business shall be within this state. For purposes of a distributor
only, the term “person” means and includes an individual, firm,
trust, partnership, limited partnership, limited liability company,
association or corporation. Any trust licensed as a distributor or
any trust that is an owner of a distributor licensee, and the
trustee or other persons in active control of the activities of the
trust relating to the distributor license, is liable for acts of
the trust or its beneficiaries relating to the distributor license
that are unlawful acts or violations of article eleven of this
chapter notwithstanding the liability of trustees in article ten,
chapter forty-four-d of this code.

(7) “Growler” means a glass container or jug, capable of
being securely sealed, utilized by a brewpub for purposes of off-premise sales of nonintoxicating beer or nonintoxicating craft beer
for personal consumption not on a licensed premise and not for
resale.

(7)(8) "Nonintoxicating beer" means all natural cereal malt
beverages or products of the brewing industry commonly referred to
as beer, lager beer, ale and all other mixtures and preparations
produced by the brewing industry, including malt coolers and
nonintoxicating craft beers with no caffeine infusion or any
additives masking or altering the alcohol effect containing at
least one half of one percent alcohol by volume, but not more than
nine and six-tenths of alcohol by weight, or twelve percent by
volume, whichever is greater. all of which are hereby declared to
be nonintoxicating and The word "liquor" as used in chapter sixty
of this code shall not be construed todoes not include or embrace
nonintoxicating beer nor any of the beverages, products, mixtures
or preparations included within this definition.

(8)(9) “Nonintoxicating beer sampling event” means an event
approved by the commissioner for a Class A retail Licensee to hold
a nonintoxicating beer sampling authorized pursuant to section
eleven-a of this article.

(9)(10) “Nonintoxicating beer sampling day” means any days
and hours of the week where Class A retail licensees may sell
nonintoxicating beer pursuant to sub-section (a)(1), section
eighteen of this article, and is approved, in writing, by the
commissioner to conduct a nonintoxicating beer sampling event.

(10)(11) "Nonintoxicating craft beer" means any beverage
obtained by the natural fermentation of barley, malt, hops or any
other similar product or substitute and containing not less than
one half of one percent by volume and not more than twelve percent
alcohol by volume or nine and six-tenths percent alcohol by weight
with no caffeine infusion or any additives masking or altering the
alcohol effect.

(11)(12) "Original container" means the container used by the
brewer at the place of manufacturing, bottling or otherwise
producing nonintoxicating beer for sale at wholesale.

(13)(14) "Resident brewer" means any person, firm,
association, partnership, or corporationbrewer or manufacturer of
not more than 10,000 gallons annually per year of nonintoxicating
beer or nonintoxicating craft beer whose principal place of
business and manufacture is located within the State of West
Virginia.

(14)(15) "Retailer" means any person selling, serving, or
otherwise dispensing nonintoxicating beer and all products
regulated by this article, including, but not limited to, any malt
cooler,malt coolers at his or her established and licensed place
of business.

(15)(16) "Tax Commissioner" means the Tax Commissioner of the
State of West Virginia or the commissioner's designee.

§11-16-8. Form of application for license; fee and bond; refusal
of license.

(a) A license may be issued by the commissioner to any person
who submits an application, therefore, accompanied by a license fee
and, where required, a bond, statingand states under oath:

(1) The name and residence of the applicant, the duration of
such residency, that the applicant has been a resident of the state
for a period of two years next preceding the date of the
application and that the applicant is twenty-one years of age. If
the applicant is a firm, association, partnership, limited
partnership, limited liability company or corporation, the
application shall include the residence of the members or officers
for a period of two years next preceding the date of such
application. Provided, That if anyIf a person, firm, partnership,
limited partnership, association or corporationlimited liability
company, association, corporation or trust applies for a license as
a distributor, such person, or in the case of a firm, partnership,
limited partnership, or association, the members or officers
thereoflimited liability company, association or trust, the
members, officers, trustees or other persons in active control of
the activities of the limited liability company, association or
trust relating to the license, shall state under oath that each has
been a bona fide resident of the state for four years preceding the
date of such application. If the applicant is a trust or has a
trust as an owner, the trustees or other persons in active control
of the activities of the trust relating to the license shall
provide a certification of trust as described in section one-thousand-thirteen, article ten, chapter forty-four-d of this code.
This certification of trust shall include the excerpts described in
subsection (e), section one-thousand-thirteen, article ten, chapter
forty-four-d of this code and shall further state, under oath, the
names, addresses, Social Security numbers and birth dates of the
beneficiaries of the trust and certify that the trustee and
beneficiaries are twenty-one years of age or older. If a
beneficiary is not twenty-one years of age, the certification of
trust must state that such beneficiary’s interest in the trust is
represented by a trustee, parent or legal guardian who is twenty-one years of age and who will direct all actions on behalf of such
beneficiary related to the trust with respect to the distributor
until the beneficiary is twenty-one years of age. Any beneficiary
who is not twenty-one years of age or older shall have his or her
trustee, parent or legal guardian include in the certification of
trust and state under oath his or her name, address, Social
Security number and birth date.

(2) The place of birth of applicant, that he or she is a
citizen of the United States and of good moral character and, if a
naturalized citizen, when and where naturalized. and, If the
applicant is a corporation organized or authorized to do business
under the laws of the state, the application must state when and
where incorporated, with the name and address of each officer and
that each officer is a citizen of the United States and a person of
good moral character. and if a firm, association, partnership or
limited partnership,If the applicant is a firm, association,
limited liability company, partnership, limited partnership, trust
or has a trust as an owner, the application shall provide the place
of birth of each member of the firm, association, partnership or
limited partnership and that each memberlimited liability company,
partnership or limited partnership and of the trustees,
beneficiaries or other persons in active control of the activities
of the trust relating to the license and that each member or
trustee, beneficiary or other persons in active control of the
activities of the trust relating to the license is a citizen of the
United States and if a naturalized citizen, when and where
naturalized, each of whom must qualify and sign the application.
Provided, That The requirements as to residence shalldo not apply
to the officers of a corporation which shall applyapplying for a
retailer's license but the officers, agent or employee who shall
manage and be in chargemanages and is in charge of the licensed
premises shall possess all of the qualifications required of an
individual applicant for a retailer's license including the
requirement as to residence;

(3) The particular place for which the license is desired and
a detailed description thereof;

(4) The name of the owner of the building and, if the owner is
not the applicant, that suchthe applicant is the actual and bona
fide lessee of the premises;

(5) That the place or building in which is proposed to do
business conforms to all applicable laws of health, fire and zoning
regulations applicable thereto, and is a safe and proper place or
building and is not within three hundred feet of anya school or
church measured from front door to front door, along the street or
streets. Provided, That This requirement shalldoes not apply to
a Class B license or to anya place now occupied by a beer licensee
so long as it is continuously so occupied. Provided, however, That
The prohibition against locating any sucha proposed business in a
place or building within three hundred feet of anya school shall
does not apply to anya college or university that has notified the
commissioner, in writing, that it has no objection to the location
of any sucha proposed business in a place or building within three
hundred feet of suchthe college or university;

(6) That the applicant is not incarcerated and has not during
the five years immediately preceding the date of said application
been convicted of a felony;

(7) That the applicant is the only person in any manner
pecuniarily interested in the business so asked to be licensed and
that no other person shall beis in any manner pecuniarily
interested therein during the continuance of the license; and

(8) That the applicant has not during five years next
immediately preceding the date of saidthe application had a
nonintoxicating beer license revoked.

(b) In the case of an applicant that is trust or has a trust
as an owner, a distributor license may be issued only upon
submission by the trustees or other persons in active control of
the activities of the trust relating to the distributor license of
a true and correct copy of the written trust instrument to the
commissioner for his or her review. Notwithstanding any provision
of law to the contrary, the copy of the written trust instrument
submitted to the commissioner pursuant to this section is
confidential and is not a public record and is not available for
release pursuant to the West Virginia Freedom of Information Act
codified in chapter twenty-nine-b, article one of this code.

(c)The provisions and requirements of subsection (a) of this
section are mandatory prerequisites for the issuance, and in the
eventif any applicant fails to qualify under the same, the license
shall be refused. In addition to the information furnished in any
application, the commissioner may make such additional and
independent investigation of each applicant and of the place to be
occupied as deemed necessary or advisable and, for this reason,
each and all applications, with license fee and bond, must be filed
thirty days prior to the beginning of any fiscal year. and If the
application is for an unexpired portion of anya fiscal year, the
issuance of license may be withheld for such reasonable time as
necessary for investigation.

(c) (d)The commissioner may refuse a license to any applicant
under the provisions of this article if the commissioner shall beis of the opinion:

(1) That the applicant is not a suitable person to be
licensed;

(2) That the place to be occupied by the applicant is not a
suitable place or is within three hundred feet of any school or
church measured from front door to front door along the street or
streets. Provided, That This requirement shalldoes not apply to
a Class B licensee or to anya place now occupied by a beer
licensee so long as it is continuously so occupied. Provided,
however, That The prohibition against locating any such place to be
occupied by an applicant within three hundred feet of anya school
shalldoes not apply to anya college or university that has
notified the commissioner, in writing, that it has no objection to
the location of any such place within three hundred feet; of such
college or university; or

(3) That the license should not be issued for reason of
conduct declared to be unlawful by this article.”.